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U.S. v. RHODES

No. 89-3241.

913 F.2d 839 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Robert L. RHODES, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 6, 1990.

Attorney(s) appearing for the Case

Robin D. Fowler, Asst. U.S. Atty. (Lee Thompson, U.S. Atty., with her on the briefs), Wichita, Kan., for plaintiff-appellee.

Vicki Mandell-King, Asst. Federal Public Defender (Michael G. Katz, Federal Public Defender, with her on the briefs), Denver, Colo., for defendant-appellant.

Before McKAY and SETH, Circuit Judges, and PARKER, District Judge.

PARKER, District Judge.

Defendant Robert L. Rhodes entered a plea of guilty to one count of possession of more than five grams of a substance containing cocaine base, in violation of 21 U.S.C. § 844(a).1 Subsequently, at his sentencing hearing, Rhodes made an oral motion to withdraw his plea pursuant to Rule 32(d) of the Federal Rules of Criminal Procedure. The court denied the motion and sentenced Rhodes to imprisonment for a term...

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